11.01.120 Examination; Competent Witnesses; Exclusion of Evidence; Autopsy

(a)(1) Whenever compensation is claimed by an employee, the employee shall, upon the written request of the Band or insurer, submit to reasonable examinations by physicians, chiropractors, psychologists, dentists or podiatrists provided and paid for by the Band or insurer. A claim may be denied if an employee refuses to submit to an examination under this paragraph.

(2) When compensation is claimed for loss of earning capacity the employee shall, on the written request of the Band, submit to reasonable examinations by vocational experts provided and paid for by the Band.

(3) The employee is entitled to have physician, chiropractor, psychologist, dentist or podiatrist provided by himself or herself present at the examination and to receive a copy of all reports of the examination that prepared by the examining physician, chiropractor, psychologist, podiatrist, dentist or vocational expert immediately upon receipt of those reports by the Band or insurer. The Band's written request for examination shall notify the employee of all of the following:

(A) The proposed date, time and place of the examination and the identity and area of specialization of the examining physician, chiropractor, psychologist, dentist, podiatrist or vocational expert.

(B) The procedure for changing the proposed date, time and place of the examination.

(C) The employee's right to have his or her physician, chiropractor, psychologist, dentist or podiatrist present at the examination.

(D) The employee's right to receive a copy of all reports of the examination that are prepared by the examining physician, chiropractor, psychologist, dentist, podiatrist or vocational expert immediately upon receipt of these reports by the employer or insurer.

(4) So long as the employee, after a written request from the Band or insurer which complies with par. (c), refuses to submit to or in anyway obstructs the examination, the employee's right to begin or maintain any proceeding for the collection of compensation is suspended. If the employee refuses to submit to the examination after direction by the Band or in anyway obstructs the examination, the employee's right to the weekly indemnity which accrues and becomes payable during the period of that refusal or obstruction, is barred. Subject to paragraph (e):

(A) Any physician, chiropractor, psychologist, dentist, podiatrist or vocational expert who is present at any examination under par. (a) may be required to testify as to the results thereof.

(B) Any physician, chiropractor, psychologist, dentist or podiatrist who attended a worker's compensation claimant for any condition reasonably related to the condition for which the claimant claims compensation may be required to testify before the Tribal Council when it so directs.

(C) Notwithstanding any chapter provisions except par. (e), any physician, chiropractor, psychologist, dentist or podiatrist attending a worker's compensation claimant for any condition or complaint reasonably related to the condition for which the claimant claims compensation may furnish to the employee, Band, insurer reports relative to a compensation claim.

(D) The testimony of any physician, chiropractor, psychologist, dentist or podiatrist who is licensed to practice where he or she resides or practices in any state and the testimony of any vocational expert may be received in evidence in compensation proceedings.

(5) No person may testify on the issue of the reasonableness of the fees of a licensed health care professional unless the person is licensed to practice the same health care profession as the professional whose fees are the subject of the testimony.

(b)(1) An employee who reports an injury alleged to be work-related or files an application for hearing waives any physician-patient, psychologist-patient or chiropractor-patient privilege with respect to any condition or complaint reasonably related to the condition for which the employee claims compensation. Any physician, chiropractor, psychologist, dentist, podiatrist, hospital or health care provider shall, within a reasonable time after written request by the employee, employer, worker's compensation insurer or Band or its representative, provide that person with any information or written material reasonably related to any injury for which the employee claims compensation.

(2) A physician, chiropractor, podiatrist, psychologist, dentist, hospital or health service provider shall furnish a legible, certified duplicate of the written material requested under par. (a) upon payment of the actual costs of preparing the certified duplicate, not to exceed the greater of 45 cents per page or $7.50 per request, plus the actual costs of postage. Any person who refuses to provide certified duplicates of written material in the person's custody that is requested under par. (a) shall be liable for reasonable and necessary costs including reasonable attorney fees.

(c)(1) If 2 or more physicians, chiropractors, psychologists, dentists or podiatrists disagree as to the extent of an injured employee's temporary disability, the end of an employee's healing period, an employee's ability to return to work at suitable available employment or the necessity for further treatment or for a particular type of treatment, the Band may appoint another physician, chiropractor, psychologist, dentist or podiatrist to examine the employee and render an opinion as soon as possible. The Band shall promptly notify the claimant of this appointment.

(2) If the employee has not returned to work, payment for temporary disability shall continue until the terms regarding length of disability payments expires or the Band receives the opinion. The Band or its insurance carrier or both shall pay for the examination and opinion. The Band or insurance carrier or both shall receive appropriate credit for any overpayment to the employee.